Legal Question in Landlord & Tenant Law in California

Re: Tenant Rights

The rent you paid yesterday was for April 15-May 15? If the home sells on May 8, then your landlord must return seven days rent. If your rent is for the month of April, then you are not entitled to get it back simply because he is losing the home in foreclosure, you must pay rent through the date on which he loses the property and you remain in possession. Conversely, 21 days after he loses the property, the landlord must return your full security deposit, as he cannot deduct for damage since he no longer owns the property and will not pay to repair it. The bank (post-foreclosure) will probably give you 60 days notice to leave, at which time I would plan to be gone to avoid an eviction lawsuit.

If you have more than just a month-to-month lease, then you may have the right to recover damages from the landlord for breach of the lease, but there is a good chance your landlord is broke if s/he has not been paying the mortgage.

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